Tag Archives: Criminal

Where a judge denied, without a hearing, the defendant’s petition to seal her criminal record, we hold that the judge’s order denying the petition to seal should be vacated and the case remanded to the District Court for a preliminary hearing to determine whether the defendant has made a prima facie showing in favor of sealing her criminal record.

Where a defendant has been convicted of operating a motor vehicle while under the influence of intoxicating liquor and causing serious bodily injury, such convictions must be reversed because “proof of the elements of operating under the influence was deficient.”

Where the government and a defendant (1) have jointly informed the court that the defendant intends to plead guilty to eight of nine charges against him and (2) request that a Federal Rule of Criminal Procedure 11 hearing be conducted, I will grant the motion.

Where defendants charged with unlawful possession of a firearm and related offenses have moved for dismissal of the indictments, the indictments will be allowed to stand, as no merit exists to the defendants’ claim that the statutes under which they have been charged, and related statutes establishing qualifications for firearm identification cards and licenses to carry firearms, unconstitutionally infringe on the defendants’ rights under the Second Amendment, as construed in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. Chicago, 130 S. Ct. 3020 (2010).

Where a defendant has been indicted on charges of assault by means of a dangerous weapon (a firearm), possession of a firearm, possession of ammunition and carrying a loaded firearm, I hold that the indictments must be dismissed pursuant to principles enunciated in Commonwealth v. McCarthy, 385 Mass. 160 (1982).

Where, in a case involving an abuse prevention order, the judge allowed the commonwealth to reopen the evidence to introduce a copy of an amended order which included an extension covering the date of the alleged violation, this was error requiring that the judgment be reversed.

Where a defendant, who has been charged with rape of a child, assault with intent to commit rape and indecent assault and battery on a child under the age of 14, has filed pretrial motions, I find that his motion to dismiss should be denied but that his suppression motion should be allowed.